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How to Win Child Custody During a Divorce

Adoption Lawyers Lansing, MI

If you are going through the divorce process with minor children, you’ll want to hire an experienced family law attorney. The judge will award custody based on your children’s best interests, which means you’ll need to prove that you are a good parent.

In this blog post, our East Lansing attorneys at Foster & Harmon will give some of our tips for how to file for child custody and how a divorce lawyer can help you get child custody rights. For more information, we recommend consulting with a child custody attorney.


Understand How Family Court Judges Rule Cases

In the past, judges assumed that children were always better off with their mothers. However, more and more family court judges believe that children benefit from having both parents in their lives. This is why joint child custody arrangements are becoming more common. However, parents who are the primary caregiver are more likely to be awarded sole physical custody of young children.

If you wish to win sole child custody, you’ll need to prove that you are the “better parent.” The best way to do this is to prove that you contribute significantly more to your children’s physical and psychological well-being than your ex-spouse.

Judges will look to see if you can communicate and get along with your ex-spouse for the sake of your children. Also, make sure that you show up on time for court, dress appropriately, and act respectfully. How you behave in the courtroom affects how the judge perceives your ability to act as a responsible parent.

Request an In-Home Custody Evaluation

If you’re worried your ex-spouse will try to smear your reputation, you may want to request an in-home child custody evaluation. An evaluator will come to your home to observe how you interact with your children. They will also observe the children at your ex’s home. Keep in mind that the evaluator isn’t your friend or on your side—they are there to objectively decide whether you are a good parent.

Document Abuse

If your ex-spouse is abusive towards you or the children, you’ll want to gather as much evidence as possible to prove it. Medical records of injuries are a great place to start. Also, make sure you document you and your children’s interactions with your ex-spouse. When you come to court, make sure that you have all of your documentation with you.

Rethink Joint Custody

Most parents seek sole child custody because they believe they are a better parent than their ex-spouse. However, keep in mind that you will have a higher burden of proof if you wish to pursue sole custody. Proving that you are the “better parent” can be difficult if both you and your ex-spouse were attentive to the children. In that case, a judge may decide that joint child custody is best.

The East Lansing divorce attorneys at Foster & Harmon PC work hard to make sure you and your ex-spouse are able to agree to a custody arrangement that is best for the children. If you are interested in scheduling a free initial phone consult with one of our divorce attorneys, give our law firm in East Lansing a call at (517) 337-4600.

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    Foster & Harmon P.C.
    903 E. Grand River Ave.
    East Lansing, MI 48823

    517.337.4600


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